Oil Stockpiling Act 2012 - Ebg 2012

Original Language Title: Erdölbevorratungsgesetz 2012 - EBG 2012

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78. Federal law on the attitude of minimum stocks of oil and oil products (petroleum stockpiling law 2012 - EBG 2012)

The National Council has decided:

Table of contents

1 section

Principles


§ 1 constitutional provision § 2 referring to Union law § 3. definitions 2 section

Subject to stock and stock obligation


§ 4 Vorratspflichtige § 5. scope of the obligation to stock § 6 substitution § 7 performance of the storage obligation § 8 acquisition of the storage obligation by storekeeper § 9 Central stockholding entity § 10 merger and bankruptcy 3. section

Import and export


§ 11 import § 12 re-recording of the imports § 13 setting of 4. import section

Storage

Section 14 storage of duty emergency reserves 5 section

Messages, surveys and statistics


§ 15 year message and monthly import declaration § 16. monthly notification on the status of the mandatory emergency reserves § 17 message about storage capacity § 18 record-keeping obligations § 19 surveys to meet international obligations § 20 statistics § 21 data transmission on electronically § 22 use of statistical results 6 section

Control

Article 23 audit of inventory 7 section

Penal provisions


§ 24 stock breach § 25 offences § 26 and wrongful disclosure of information § 27 participation of federal police 8 section

Power plant storage

§ 28 fuel storage plants 9 section

Transitional and final provisions


§ 29 cost to governmental pricing article 30 transitional provisions article 31 enforcement § 32. entry into force 1 section

Principles

Constitutional provision

§ 1 (constitutional provision) are also in federal areas, for which the issue, amendment, suspension and enforcement of regulations, as they are included in this federal law, the Federal Constitution Act, Federal Law Gazette No. 1/1930, something else determines.

Reference to European Union law

§ 2. By this law, 2009/119/EC will maintain minimum stocks of crude oil and/or petroleum products to keep, OJ to the obligation of the Member States, No. L 265 of Oct 9, 2009 p. 9, implemented.

Definitions

The terms refer to section 3 (1) within the meaning of this federal law:



1 "Application area" the Federal territory with the exception of the territories of the communes of Jungholz (Tirol) and Mittelberg (Austria);

2. "Third country" an area outside the territory of the European Union;

3. "Exporter" each importer in accordance with no. 7, in the same period, to which he imported Z 1-Z 4 goods in accordance with paragraph 2, such goods exported;

4. "export" spending under para 2 Z 1 to 4 designated goods in free circulation in a Member State of the European Union in the area of application or the export of those goods to a third country; the reshipment of as mandatory emergency reserve of dedicated to amounts that have been temporarily spent from a bonded warehouse, destined only to compulsory emergency reserve, in the release for free circulation in such a customs warehouse, does not apply without prejudice to the provisions of customs and excise tax as exports; any reshipment is the Federal Minister for Economic Affairs, notified to family and youth;

5. "Holder" all physical and legal persons and partnerships of the company law, the compulsory emergency reserves as Vorratspflichtige pursuant to § 7 para 1 No. 1 and no. 2, or as contractors pursuant to § 7 para 1 No. 3;

6. "The IEP agreement" means the agreement of 18 November 1974 on a international energy program, Federal Law Gazette No. 317/1976;

7 'importer' a) the physical or legal person, as well as partnership of corporate law, aa) in the customs free circulation under para 2 Z 1 goods referred to Z 4 from a third receiver in the sense of the Customs is; or bb) if Z 1-Z which spent 4 designated goods from a Member State of the European Union in the field of the application under paragraph 2 are the first domestic Bill recipients; Chain transactions, where the last customer picks up the goods from another Member State itself or pick up leaves, who on whose account and name the goods is, introduced into the domestic tax warehouse or, when a domestic registered recipient (section 32 of the Excise Act 1995) applies to the goods in a domestic tax warehouse within the meaning of the Excise Act as importer either on establishing 1995 , this registered receiver. for this purpose the holder of the tax warehouse has the Federal Ministry of economy, family and youth who on whose account and name the goods was incorporated into his tax warehouse, in writing to sign, while monthly combined to lead product names and quantities to be up according to hiefür official forms in accordance with § 15 ABS. 3. Shall refrain from the holder of the tax warehouse that notification of the person on whose account and name the goods was incorporated in the tax warehouse, or is the one, on behalf of the tax warehousekeeper and name the goods was incorporated in the tax warehouse, is the holder of the tax warehouse as an importer. The registered recipient fails the announcement of the first domestic Bill recipient, the registered recipient deemed importer;

(b) the first recipient of the product domestically in all other cases, where under para. 2 Z are spent 1-Z 4 designated goods in the application area;

(c) in cases where several enterprises which 244 paragraph 1 of the company law book under the unified management of a capital company (parent company) based in Germany in the sense, importers by lit. a or b and the parent company to the Federal Ministry of economy, family and youth in writing in the context of the message have referred to the parent company; according to § 15 ABS. 3 as an importer,

8. "import" spending under para 2 Z 1-Z 4 designated goods in free circulation by a Member State of the European Union in the area of application or the transfer of those goods in free circulation from a third country; the temporary movement of duty emergency reserves from a bonded warehouse, destined only to compulsory emergency reserve, in the release for free circulation, an import however means without prejudice to customs and excise tax provisions only, if the dedication as the compulsory emergency reserves shall be repealed by the owner; each temporary shipment and change the dedication by the owner is the Federal Minister for Economic Affairs, notified to family and youth;

9 "Holder of a tax warehouse" holder of a mineral oil camp, which according to section 27 or section 29 of the fuel tax Act 1995, Federal Law Gazette No. 630/1994, granted a permit has been (tax warehouses).

10 "Storekeeper" all physical and legal persons and partnerships of the corporate law, which fully or partially take over the storage requirement for a Vorratspflichtigen pursuant to section 8;

11 "New importer" importer in accordance with no. 7, in the current calendar year for the first time one of the import of goods in accordance with increasing para. 2 No. 1 to no. 4 and has made none of these activities in the preceding calendar year

12 "contractor pursuant to § 7 para 1 No. 3" all physical and legal persons and partnerships of the company law, which have taken over the duty by private treaty, to keep a certain amount of mandatory emergency reserves available. You have not the rights and obligations of the Vorratspflichtigen, but those of the holder (sub-para. 5).

(2) for the purposes of this federal law:



1 "oil" a) oils and oils obtained from bituminous minerals, crude, the position 2709 00 of the combined nomenclature, Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the common customs tariff, OJ No L 282 of the October 2011 p. 1, last amended by the Regulation (EU) No. 155/2012, OJ No. L 50 of the 23.02.2012 S. 1, except high sulfur-containing bituminous shale;

(b) semi-finished products of the product group were "Oils" of subheadings 2710 19 51, 2710 19 55, 2710 19 71, 2710 19 75 for the production of petroleum products in accordance with no. 2;

2. following "Petroleum products" goods of heading 2707, 2710, 2711, 2713 and 2901 of nomenclature: a) 'Petrol' aa) goods of subheadings 2707 20 10, 2707 30 10, 2707 50 10 and 2710 12 11, 2710 12 15, 2710-12 21, 2710-12 25, 2710-12 31, 2710-12 41, 2710 12 45, 2710 12 49, 2710 12 51, 2710 12 59 , 2710 12 70, 2710 12 90 of the combined nomenclature, except petroleum ether, n-hexane and n-heptane, and bb) methyl tertio butyl-ether (MTBE) and ethyl tertio butyl-ether (ETBE), provided that these are used as fuel and cc) bio-fuels, which are used as fuel, insofar as these are not already included in the should of the aforementioned subheadings by additives;

(b) "Petroleum") goods of subheadings 2710 19 11, 2710 19 15, 2710 19 21, 2710 19 25, 2710 19 29 of the combined nomenclature;

c) "Gas oils" aa)

Goods of subheadings 2710 19 31, 2710 19 35, 2710 19 43, 2710 19 46, 2710 19 47, 2710 19 48, 2710 20 11, 2710-20 15, 2710-20 17, and 2710 20 19 of the combined nomenclature, including the specially marked as in accordance with § 9 of the fuel tax Act, 1995, Federal Law Gazette No. 630/1994;

BB) bio-fuels, which are used as gas oils, insofar as these are not already included in the treatment, of the aforementioned items by additives;

(D) 'Oils' were of subheadings 2710 19 51, 2710 19 55, 2710 19 62, 2710 19 64, 2710 19 68, 2710 20 31, 2710-20 35, 2710-20 39 of the combined nomenclature;

(E) were "Lubricating oils and other oils" of subheadings 2710 19 71, 2710 19 75, 2710 19 81, 2710 19 83, 2710 19 85, 2710 19 87, 2710 19 91, 2710 19 93, 2710 19 99 and 2710 20 90 of the combined nomenclature;

f) 11 were "Petroleum coke" of subheadings 2713 00 and 2713 12 00 of the combined nomenclature;

(G) "Chemicals" were the subheadings 2707 10 90 (benzene for another use), 2711 14 00 (ethylene, propylene, butadiene), 2901 21 00 (ethylene), 2901 22 00 (propene), 2901 24 00 (1,3-butadiene) of the combined nomenclature;

h) "Bitumen" were the subheading 2713 20 00;

3. "biofuels": a) "Bioethanol", which is one of the biomass and/or biodegradable parts of waste of produced Undenatured ethanol with an alcohol content of at least 99% by volume;

(b) fatty "acid methyl ester" (FAME, biodiesel), which is one of the vegetable or animal oils or fats produced methyl ester;

(c) "Biomethanol", that's a methanol produced from biomass and/or biodegradable parts of waste;

(d) "Biodimethylether", this is a dimethyl ether produced from biomass;

(e) "Bio-ETBE (Ethyl tertio butyl-ether)", that is a on the basis of bioethanol of produced ETBE with a qualifying volume percent biofuel by 47%;

(f) "Bio-MTBE (Methyl tertio butyl-ether)", that is a on the basis of Biomethanol of produced MTBE with a qualifying volume percent biofuel by 36%;

(g) "Synthetic biofuels", are from biomass derived synthetic hydrocarbons or mixtures of synthetic hydrocarbons;

h) "Biohydrogen", which is a hydrogen produced from biomass and/or biodegradable parts of waste;

i) "Pure vegetable oil", which is a produced through pressing, extraction or comparable procedures from oilseeds, chemically unchanged oil in the form of raw or refined;

(j) 'Superethanol E 85', which are in a tax warehouse in accordance with § 25 para 2 of the Excise Act have 1995 produced mixtures that contain levels of bioethanol by at least 65% and not more than 75% vol and vol in the period from April 1 to September 30 (summer months) of at least 75% and not more than 85% in the period from 1 October to 31 March (winter).

4. "raw materials": a) plant and animal commodities for the direct production of biofuels;

(b) plant and animal fats and oils, also chemically modified, of chapter 15 of the combined nomenclature as well as old dining and oil and grease separator fats of vegetable or animal origin to the direct production of biofuels;

c) from those under b) designated goods produced methyl ester of chapter 38 of the combined nomenclature, unless used as a fuel component or biogenic fuel;

(d) ethyl alcohol produced by alcoholic fermentation the location 2207 of the combined nomenclature, unless used as a fuel component or biogenic fuel;

(e) fatty acid methyl ester (FAME), where this due to its properties as is directly suitable biofuel;

The Federal Minister of economy, family and youth can be described those raw materials for the direct production of bio-fuels environmental and water management in consultation with the Federal Minister of agriculture and forestry, by regulation, which are subject to the obligation to supply in accordance with article 4, paragraph 1, where an applicable conversion key (§ 6 para 4) set is for the respective raw material;

5. 11 were "Natural gas" of subheadings 2711 00 and 2711 21 00 of the combined nomenclature.

The Federal Minister of economy, family and youth can customize the definitions by regulation if necessary on the basis of amendments to the combined nomenclature.

(3) where other federal legislation is referenced in this federal law provisions, these provisions were to apply in their respectively valid version.

(4) as far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

2. section

Subject to stock and stock obligation

Subject to stock

4. (1) importers of oil, petroleum products, bio-fuels or raw materials for the direct production of bio-fuels have to keep (Vorratspflichtige) in accordance with the provisions of this Federal Act compulsory emergency reserves. Provided that it is importers residing in another EU Member State or in a third country, the first domestic goods recipient is subject to a stock. The stock-holding obligation is owned met only by such amounts of petroleum, petroleum products, bio-fuels or raw materials for the direct production of bio-fuels, either Storer (article 3, paragraph 1 Z 10) or of the holder (article 3, paragraph 1 Z 5) are available.

(2) the transport of fuels imported into the main tank of vehicles or their reserve tanks, represents no export or import in the sense of § 3 para 1 No. 4 or Z 8.

(3) that in section 3 para 2 subpara 2 lit. e not subject to listed goods then stock, if they shipped in containers up to 200 liters in the application area.

(4) that in



1. § 3 para 2 subpara 2 lit. a, "Benzine", specified goods of subheadings 2710 12 11, 2710-12 21, 2710 12 25 and 2710 12 90;

2. § 3 para 2 subpara 2 lit. b, "Petroleum", specified goods of subheading 2710 19 11.

3. § 3 para 2 subpara 2 lit. e, "lubricating oils and other oils" listed goods;

4. § 3 para 2 subpara 2 lit. f, "Petroleum coke" referred to articles;

5. § 3 para 2 subpara 2 lit. g, "Chemicals" listed goods as well as 6 § 3 para 2 subpara 2 lit. h, "Bitumen" listed goods not subject to then stock, if the importer provides proof, that the bulk of any energetic use as spent in the area of application is supplied. This also applies to raw materials for the direct production of biofuels. The Federal Minister of economy, family and youth can lift if international obligations there are, by regulation the exception from the obligation to supply.

(5) in article 3 par. 2 lit. g "Chemicals" listed goods that are made in the area of petroleum or petroleum products, may be placed from the imported quantity of oil in the amount of 50% of the produced quantity deducted, if not already done a deduction pursuant to paragraph 4. The Federal Minister of economy, family and youth can lift if international obligations there are, by regulation the deductibility.

Scope of the duty to supply

5. (1) Vorratspflichtige have to keep from 1 April each year (beginning of a storage period) 25% of the import of petroleum and individual oil products as well as bio-fuels and raw materials to the direct production of biofuels in the preceding calendar year (previous year import) as compulsory emergency reserves in the domestic. When calculating the size of the storage obligation are to take into account stocks, in particular through the Central stockholding entity (ZBS) pursuant to section 9, the



1. in tanks by refineries.

2. in handling camps for not bottled oil.

3. in tank farms pipe lines;

4. on barges.

5. on coastal tankers.

6. on tanker vessels in ports;

7. in bunkers, of inland waterway;

8. in the form of tank bottom inventory;

9. as operating supplies or 10 large consumers on the basis of legal obligations or other governmental orders are kept, as far as these stocks are held permanently as compulsory emergency reserves.

(2) the Federal Minister for economy, family and youth can change the percentage referred to in paragraph 1 by regulation, if this is necessary for the fulfilment of international obligations.

(3) the Federal Minister for economy, family and youth can that are level of duty emergency reserves, maintain that at certain times, by regulation by way of derogation from paragraph 1 redetermine, if this is necessary for the recovery of the previous compulsory emergency reserves after control measures.

(4) the Federal Ministry of economy, family and youth can notwithstanding para 1 and para. 2 at the request of a Vorratspflichtigen by ruling to set the level of duty emergency reserves and adopt the Vorratspflichtigen the period of recovery, if compulsory emergency reserves have been destroyed by war, terrorism, sabotage, technical shortcomings, force majeure or otherwise.


(5) the previous import is determined by the quantities imported in the previous calendar year (import period) of petroleum or petroleum products as well as bio-fuels or raw materials for the direct production of bio-fuels. He is to reduce those amounts of oil or petroleum products as well as bio-fuels or raw materials for the direct production of bio-fuels, which exported the Vorratspflichtige in the same period. The amounts of fuels used domestically for the refuelling of international aviation, as well as inland waterway transport are deductible not as export. Thereby, the export can be pulled off of petroleum or petroleum products and biofuels or raw materials for the direct production of bio-fuels on the basis of the translation key in accordance with § 6 ABS. 3 of the import of crude oil. The import of petroleum products can export of petroleum products within the Group of



1. benzene and benzene test;

2. petroleum and gas oils;

3. fuel oils, spindle and lubricating oils (except lubricating oils for lubricating purposes), other oils and residues are reduced.

Substitution

6. (1) if the required capacity (25% of previous year import), calculated in units of oil referred to in paragraph 3 remains the same, can the Vorratspflichtige instead of petroleum products petroleum within the meaning of § 3 para 2 subpara 1 lit. a store or replace petroleum products in the amount of not more than 20% of the quantities of the following product groups:



1. benzine and point;

2. petroleum and gas oils;

3. heating oils, spindle and lubricating oils (except lubricating oils for lubricating purposes), other oils and residues for further processing.

(2) the Vorratspflichtige can also instead of petroleum within the meaning of § 3 para 2 subpara 1 lit. a storage of petroleum products, but the share of



1. benzene and benzene test 20%;

2. petroleum and gas oils 30% at the duty emergency reserve, substituted by petroleum products, oil, expressed in units of oil referred to in paragraph 4 is at least. The proportion of fuel oils, spindle and lubricating oils (except lubricating oils for lubricating purposes), other oils and residues not exceed but expressed in units of oil pursuant to par. 3 35% on the mandatory emergency reserve oil, substituted by petroleum products. Petroleum fractions for further processing, residues, semi-finished goods and other components which serve the production of the above products, are to be that after the substitution according to their nature. The substitution provisions shall apply by analogy also for bio-fuels and raw materials for the direct production of biofuels.

(3) the calculation of compensation in accordance with paragraph 1 and paragraph 2 are following conversion keys to use:



Energy sources





Oil units







1 kg oil pursuant to section 3 para 2 subpara 1 lit. a and raw materials for the direct production of biofuels





1.00







1 kg oil products, chemical raw materials and biofuels (including semi-finished products according to § 3 para 2 subpara 1 lit. b)





1.20





(4) in the case of determining the conversion key for raw materials for the direct production of biofuels by regulation of the Federal Minister of economy, family and youth pursuant to section 3 para 2 No. 4 are these conversion key of calculation which instead of replacement amounts to use of the conversion key laid down in paragraph 3.

Fulfilment of the obligation to supply

Section 7 (1) the storage obligation can be fulfilled after election of the Vorratspflichtigen in the following way:



1. by duty emergency reserve by the Vorratspflichtigen;

2. by common attitude of duty emergency reserves by two or more Vorratspflichtige;

3. by private treaty, which obliges the contract partners, a certain amount of crude oil or petroleum products, to maintain bio-fuels or raw materials for the direct production of bio-fuels available, where these quantities are either the property of the Vorratspflichtigen or of the contractual partner.

4. by taking over the duty of stock by stock holders in accordance with § 8.

(2) in the case of the stocks referred to in paragraph 1 Z 3 must have a maturity the contracts of at least one year. The conclusion of the contract is the Federal Minister for Economics to prove family and youth to the beginning of the storage period by such evidence. The storage of compulsory contingency reserve referred to in paragraph 1 may only be made no. 3 tank farms, which have a minimum size of 500 m3. Third parties who have taken on a commitment to the storage on the basis of private contracts, should not further impose this obligation.

(3) on application of the Vorratspflichtigen, Z 3 can be approved by ruling in a particular case a shorter duration than the period specified in paragraph 2 for contracts referred to in paragraph 1, if for business or technical reasons required and complying with the period referred to in paragraph 2 is the Vorratspflichtigen economically unreasonable.

(4) section 3 applies to stock holders in accordance with § 8. As far as it is used to cover the stock acquired by the warehouse keeper pursuant to section 7, the Federal Minister of economy, family and youth at the request of the warehouse keeper by ruling can approve interim agreement referred to in paragraph 1 Z 3.

(5) Vorratspflichtige end users, which were supplied in the preceding calendar year from a subject not the storage obligation pursuant to § 4 para 1 dealer with petroleum or petroleum products and biofuels to the extent of more than 1000 litres, have to conclude a contract pursuant to paragraph 1 No. 3 or no. 4. These contracts may be on behalf of the dealer. These traders have to make a note on the obligation to supply in the invoice according to § 4.

Acquisition of storekeeper stock obligation

§ 8 (1) the supply obligation of para 2 to 6 by stock holders with discharging effect for the Vorratspflichtigen can be applied according to wholly or partly.

(2) stock holder, who want to take over the supply obligation for third parties, need to exercise this activity a permit of the Federal Ministry of economy, family and youth. The approval is granted if the storekeeper provides the warranty after expertise, interior furnishings and his previous behavior for a proper attitude of duty emergency reserves by this federal law. The guarantee for a proper attitude of duty emergency reserves is not given in particular if



1. the storekeeper as Vorratspflichtiger of its storage or notification does not comply with or not complied in the past 2 the warehouse keeper under the dominant influence of a Vorratspflichtigen is, is, which does not comply with its storage or reporting or in the past failed to fulfil is, 3. the bearing holder on a Vorratspflichtigen which does not fulfil its storage or obligation or has not complied in the past , exerts a dominant influence, or 4 the storekeeper and a Vorratspflichtiger which does not fulfil its storage or obligation or has not complied in the past under the dominant influence of a third company.

A dominant influence exists anyway, if a company at another company with at least 50%. Before issuing the permit, the Austrian Chamber of Commerce, the Conference of Presidents of the Chambers of agriculture in Austria, the Federal Chamber of labour and the Austrian Trade Union Federation are to listen.

(3) the warehouse keeper have to acquire of the storage duty to issue a confirmation, showing the extent of the acquired commitment, particularly the persistent amount of duty emergency reserves, and the duration of the transfer. The exhibition of such confirmation is immediately the Federal Ministry of economy, family and youth through the bearing holder to display.

(4) with exhibition of the confirmation of the transfer of the obligation to supply, the storekeeper to the extent of confirming considered Vorratspflichtige in the sense of § 4.

(5) the Federal Ministry of economy, family and youth has set a maximum tariff for the acquisition of the storage obligation for every 1 000 oil units by regulation. The tariff is to be such that it covers the costs associated with the attitude of the compulsory emergency reserves. A differentiation is permissible according to product groups. The beginning of the storage period must be provided for the entry into force. The regulation is published in the Amtsblatt zur Wiener Zeitung.

(6) the Federal Ministry of economy, family and youth has to revoke the approval referred to in paragraph 2 If the storekeeper not duly fulfilled its obligations under this Federal Act or the conditions for approval referred to in paragraph 2 are no longer available. In this case, the Federal Minister for Economics has to set the attitude of the compulsory emergency reserves for the Vorratspflichtigen, whose stock duty was taken over, family and youth in by way of analogous application of § 5, para 4.

(7) account for in the cost of oil stockpiling included taxes, levies or amount of duties as well as compensatory levy amounts for agricultural products and their processed products wholly or partly or reducing the cost to the petroleum supply, prices are to decrease these amounts.

Central stockholding entity


§ 9 (1) as central stockholding entity (ZBS) will set up the oil stock company m.b.h. The CSE is stock holders in accordance with § 8. The following additional provisions apply to the CSE:



1. the ZBS must be a corporation headquartered in Austria, whose business is the acquisition of the storage obligation under this Federal Act. A supervisory board consisting of a representative of the Federal Minister for Economic Affairs, to belong to the family and youth, as well as a representative of the Association of energy trade has must be provided for this company. This company the penultimate sentence of this paragraph is not excluded from the provisions of the GewO 1994, where else foresees. In case of profit profits, she may use the profits only to the formation of equity capital or to the strengthening of the same. Gains from the sale of stocks are to assign a bound, untaxed reserves. The reserve not 7 used within a period of five years after the formation to obtain inventory according to Z, this is to resolve tax effectively. The procurement of the stocks has on the basis of the principles of frugality to be efficiency and expediency in consideration to the situation of the market. The Gewerbeordnung 1994 regulations concerning equipment shall apply with the proviso that the Governor is responsible for the granting of the operating system. section 69 of the bankruptcy order shall not apply to these corporations.

2. the ZBS may conduct no business that does not directly or indirectly serve the business.

3. the ZBS has taken into account regional supply factors in the choice of location of the camp. This is by the Federal Minister of Economics, to examine family and youth in consultation with the countries.

4. the ZBS has general conditions for the acquisition of the supply obligation to set up, which require the approval of the Federal Minister of economy, family and youth and are published in the "Amtsblatt zur Wiener Zeitung". The approval is granted when the policies meet the requirements referred to in § 8 par. 2.

5. the ZBS has with each Vorratspflichtigen, offered one is to complete a contract for the acquisition of the supply obligation to the tariffs (§ 8 paragraph 5) and the General conditions (No. 4).

6. the ZBS has the Austrian Federal Economic Chamber, the Federal Chamber of labour and the Federal Minister of economy annually to submit their balance sheets, annual reports, Auditor reports as well as the profit and loss account family and youth. The ZBS is obliged to the Austrian Federal Economic Chamber, the Federal Chamber of labour, as well as the Federal Ministry of economy, family and youth for issuing information on conducting business.

7. the sale of inventory and the award of contracts above a value of EUR 400 000, must be performed 2006, Federal Law Gazette I no. 171/2006, as amended, in the tender in by analogy with application of Federal procurement law. Only in those cases where a tender is contrary to the principles of sound, may be awarded with limited tendering or freehand.

8. the ZBS has the principles of thrift, to comply with economic efficiency and expediency in the management.

9. the ZBS may provide information about the stock obligations acquired by Vorratspflichtigen whole or in part only to the Federal Minister of economy, family and youth.

10. the ZBS is 7 in accordance with the provisions of the Z and Z 8 entitled to rebuild stocks to cover compulsory emergency reserves transferred to the attitude in the future. The extent of such built up inventories may not exceed 10% of the supply duties taken over at the respective date (April 1 of each year) to the attitude. The Federal Minister of economy, family and youth can raise through regulation on up to 20% this percentage of legitimately held stocks. The foregoing applies also for the holding of stocks for which a commitment to the posture assumed stock obligations no longer exists.

11. the ZBS has continuously full information, broken down by categories, to publish about the stock levels which is able to keep them.

12. the ZBS has to publish the terms and conditions under which it is ready to take on stockholding obligations for companies at least seven months before the beginning of a storage period.

(2) with respect to the collateralization of bonds, loans and credits of the ZBS production and conservation of duty emergency reserves, you can apply a federal guarantee on the basis of a special federal law.

(3) without prejudice to the provision of § 5 para 1, the Federal Minister of economy, family and youth at the request may authorize the CSE, taking into consideration the available domestically for purposes of crisis storage tank area with notice within the framework of the Treaty between the Republic of Austria and the Republic existing Italy to the use of facilities of the oil port of Trieste, BGBl. No. 228 / 1987, to hold transferred stock obligations to duty emergency reserve in the Tankfarm Trieste of the transalpine pipeline (TAL) to him. The Declaration of irrevocable civil obligation of the warehouse keeper is a prerequisite for the granting of this authorization, the checking of duty emergency reserves entrusted organs of the Federal Ministry of economy, family and youth or with the checking of crude oil stocks held in the Trieste Tankfarm entrusted access to crude oil stocks in the Trieste Tankfarm independent third parties, during normal business hours at any time to the grant. Cash expenses are to be borne by the storekeeper.

(4) the ZBS has the Federal Minister of economy, family and youth on request at any time to prove that the crude oil inventories stored in Trieste are always available and can be installed via the pipeline system of the Valley and the Adria-Wien pipeline GmbH (AWP) within a reasonable period of time in the domestic.

(5) the Federal Ministry of economy, family and youth may waive administrative decision the authority for the storage of crude oil stocks in Tankfarm Trieste, if the ZBS you not comply with the 3 and 4 imposed obligations in accordance with para.

(6) if the Federal Minister of economy, family and youth concluded by departmental Convention pursuant to article 66 (2) B-VG is authorized, he may conclude a Convention about the attitude of duty emergency reserves of other Member States of the European Union in Austria by the CSE, for a certain period of time with the exception of the sale and acquisition of compulsory emergency reserves. Further requirements for the conclusion of such an agreement are:



1. the security of supply in Austria must not be impaired by the conclusion of such a Convention.

2. the existence of a private agreement with the Austrian ZBS.

3. the availability of the accordingly necessary tank room.

For this business area, the ZBS is an application for Federal liability pursuant to section 1 of the Erdölbevorratungs Promotion Act, Federal Law Gazette No. 161/1977, as amended does not allow.

(7) the Federal Ministry of economy, family and youth will immediately report those quantities of petroleum and petroleum products after the sum of imports a year in the first quarter of the calendar year following the ZBS, which are to keep as compulsory emergency reserves from 1 April. The CSE is obliged to hold a quantity of petroleum and petroleum products, which ensures that Austria can comply with its international obligations to duty emergency reserve, taking into account the compulsory emergency reserves to be held not by her constantly. For this purpose, the Federal Minister of economy, family and youth of the CSE monthly Announces those quantities of petroleum and petroleum products in anonymised form which are held on the basis of notifications received at the Federal Ministry of economy, family and youth of the other Vorratspflichtigen.

Merger and bankruptcy

10. (1) the importer has the Federal Minister for economic immediately to report the opening of the insolvency assets such as the rejection of bankruptcy due to lack of mass family and youth.

(2) in the case of mergers of companies, the rights and duties go over under this Federal Act on the legal successor. Mergers of stock holders in accordance with § 8 with the ZBS are permitted only with the consent of the Federal Minister of economy, family and youth in agreement with the Federal Minister of finance.

3. section

Import and export

Import

§ 11 (1) mineral oil from other EU Member States for commercial purposes or in the shipping trade in the field of application is spent, is at the same time with the template of the accompanying document provided for in section 42 of the Excise Act 1995 the responsible for the official supervision customs office for purposes of this federal law enforcement a registration form to submit the pattern laid down in the annex, in duplicate.


(2) the Customs Office mentioned in paragraph 1 has to verify the information in the registration form with those in the accompanying document on compliance and forward a copy to the Federal Minister of economy, family and youth review. The second copy will remain at the Customs Office. The information contained in the registration form do not match with those in the accompanying document, the Customs Office has to ask the notifier to the correction. The rectification fails the notifiable or he refused the submission of the registration form has the Customs Office this within four weeks of the Federal Minister of economy, to report family and youth. At the same time, the Customs Office has to sign the data provided in the registration form using the accompanying document to the Federal Ministry of economy, family and youth.

(3) the template of an accompanying document is referred to in paragraph 1 not required, the excise debtor has at the same time with the tax filing to submit the registration form.

(4) the Federal Minister of Finance has the Federal Minister of economy, to transmit the data with regard to the transfers carried out in this calendar month of crude oil or petroleum products in free circulation provided otherwise on the registration form family and youth for each calendar month until the 15th of the following month.

(5) in the case of applications under the simplified procedure under article 76 para 1 letter b or c of the customs code (Council Regulation (EEC) No 2913/92 of 12 October 1992, OJ) EC No. L 302 of the specifically) the transmission of data referred to in paragraph 4 has to be made until the end of the month and the customs authority may require that the applicant together with the supplemental application (article 59 paragraph 2 the customs law implementation law, BGBl. No. 659/1994) registration forms to submit has.

(6) the Federal Ministry of economy, family and youth has the right to obtain information about the apparent in the registration form data by the Federal Minister of finance or by the Customs authorities for purposes of this Federal Act.

(7) the Federal Ministry of finance and the Customs authorities to use for recording and transmitting the data referred to in this paragraph and for the issuing of the information required according to paragraph 6 of the automation-supported data processing and automation-supported data transmission.

(8) the Minister of finance may waive the registration form in consultation with the Federal Minister of economy, family and youth for all or certain operations if the automation-supported message of the required data to the Federal Minister of economy, family and youth is guaranteed.

(9) the Minister of Finance has the Federal Ministry of economy, family and youth for each calendar month from the 15th of the following month, at the latest upon receipt of all electronic receipts received for that calendar month in the excise movement control system (EMCS) the Federal Minister of finance, that otherwise 1995 route provided data in terms of shipments in this calendar month in accordance with article 29a of the mineral oil tax law on the registration form electronically. In the event of system failures of in section 29a of the mineral oil tax Act 1995 computerised procedures, the data at the time of the reopening are to send to. The provisions of § 11 para 1 for accompanying documents in accordance with section 42 of the Excise Act apply accordingly in 1995 are a system failure requires a procedure on the basis of paper forms on a temporary basis for these paper forms.

(10) for the purpose of controlling the information on deductions from exports to reduce the imports referred to in § 5 para. 5, of the Federal Minister of Finance has the Federal Ministry of economy, family and youth for each calendar month from the 15th of the following month, at the latest upon receipt of all electronic receipts received for that calendar month in the EMCS to transmit the data in terms of shipments in this calendar month of Austria in a Member State according to § 29a electronically provided otherwise on the registration form. In the event of system failures of in section 29a of the mineral oil tax Act 1995 computerised procedures, the data at the time of the reopening are to send to. The Federal Minister of finance the Federal Minister of economy has also to transmit the data provided on the registration form in terms of exports in this calendar month of Austria to a third country by electronic means family and youth for each calendar month, as soon as these data are complete and available in electronic format.

Re-recording of the imports

Section 12 (1) who oil or petroleum products as well as bio-fuels or raw materials for the direct production of biofuels, which are subject to the scope of application of this Act (section 3 para 2 Z 1-Z 4), intends to import, has to inform the Federal Ministry of economy, family and youth in writing prior to the recording of such activity.

(2) in the first quarter after starting the import activity, no compulsory emergency reserves should be kept. In the second calendar quarter and any other calendar quarter, 25% of the imports of all previous calendar quarter are to keep. From the end of the calendar year, which coincides with the end of the fourth calendar quarter after re-recording the import activity or that follows him, the scope of the compulsory emergency reserves determined according to § 5.

Setting the import

§ 13. A Vorratspflichtiger constantly stopped the import of crude oil or petroleum products and biofuels or raw materials for the direct production of bio-fuels, so he can have after fulfilling his obligation to supply the duty emergency reserves, provided that the importer is the owner of the compulsory emergency reserves. The storage obligation is were met with 31 March of that year, carried no imports in the previous year.

4 section

Storage

Storage of duty emergency reserves

Compulsory emergency reserves are 14 (1) to store, maintain the quality of the stored energy. They can be kept together with other stocks in a storage container. In this case, appropriate precautions are to meet, which at any time to ensure the preservation of mandatory emergency reserves. The current stock level and the required level of duty emergency reserves can be assigned to accounts and on the basis of the book level also physically.

(2) petroleum and petroleum products as well as bio-fuels and raw materials for the direct production of biofuels may be stored only in containers that are approved and fitted with a measuring device according to the relevant legislation. You must have also bottling facilities, which are suitable for a filling of the emergency reserve in transport facilities.

(3) the storage obligation cannot be satisfied with those quantities of petroleum and petroleum products as well as bio-fuels and raw materials for the direct production of biofuels, in road tankers, rail tankers, gas stations or in piping systems.

(4) stocks, which are not available even in the most serious crisis for technical reasons (art. 1 item 2 of the annex to the IEP agreement), are not attributable to the duty emergency reserves. These inventories are be measured with 10% of the duty emergency reserves. The Federal Minister of economy, family and youth can change to meet international obligations by regulation that percentage.

5. section

Messages, surveys and statistics

Annual report and monthly import signal

Section 15 (1) Vorratspflichtige have in writing up to the last day of month in February of each year to report the previous import (§ 5 para 1) on petroleum and petroleum products as well as bio-fuels and raw materials for the direct production of bio-fuels the Federal Ministry of economy, family and youth according to the forms for that purpose officially remeasured. Is at the same time with the message, providing appropriate evidence to determine whether and to what extent the supply obligation is satisfied according to § 7 paragraph 1 Z 1-Z 4.

(2) referred to in paragraph 1 who have the Federal Minister of economy to report carried last month imports of petroleum and petroleum products as well as bio-fuels and raw materials to the direct production of biofuels in writing according to the forms for that purpose officially remeasured family and youth up to the 15th of the following month.


(3) it is the receivers known given the course of section 11 paragraph 9 of the Federal Minister of finance holder of tax warehouses and these holders are those on whose account and name, the goods was incorporated in the tax warehouse, not at the same time so they have those on whose account and name the contributions in the tax warehouse took place the Federal Ministry of economy, family and youth to the 15th of the following month , to report in writing according to this officially fair forms. The registered recipient (section 32 of the Excise Act 1995) has similarly to announce the first domestic invoice recipient, if the cover does not a series business took place and therefore the legitimate receiver not importer pursuant to § 3 para 1 No. 7 lit. a sublit. BB is. Shall refrain from the holder of the tax warehouse that notification of the person on whose account and name the goods was incorporated in the tax warehouse, or is the one, on behalf of the tax warehousekeeper and name the goods was incorporated in the tax warehouse, is the holder of the tax warehouse as an importer. The registered recipient fails the announcement of the first domestic Bill recipient, the registered recipient deemed importer. This Z 7 mutatis mutandis also applies to parent undertaking in accordance with article 3 par. 1 lit. (c).

Monthly report on the status of mandatory emergency reserves

§ 16 Vorratspflichtige have the Federal Minister of economy to report family and youth of the State of the duty emergency reserves to the respective last day of month in writing according to this officially remeasured forms up to the 15th of the following month.

Message storage capacity

§ 17 Vorratspflichtige have annually the Federal Ministry of economy, family and youth in writing according to the forms for that purpose official fair site, name, capacity and suitability of the storage capacity to announce that only or also for the inclusion of compulsory emergency reserves are used. The messages are with deadline to dispose of December 31 of the reporting year until 31 January of the following year.

Record-keeping obligations

§ 18 Vorratspflichtige have continuously records to lead the current stock level and the level of duty emergency reserves unambiguously and clearly showing. Compulsory emergency reserves stored along with other stocks in containers (§ 14 para 1), so the stock level is at least once labour days, otherwise at least once a month to measure. Below the compulsory emergency reserves to be held is determined at the measurement is the Federal Minister of economy no later than on the following day after the measurement, to report family and youth.

Surveys to meet international obligations

Section 19 (1) unless it is necessary for the fulfilment of international obligations, has surveys, referring to oil companies (art. 26 of the IEP agreement) to order on the following items of the Federal Ministry of economy, family and youth by regulation:



1. application of petroleum and petroleum products as well as bio-fuels and raw materials for the direct production of biofuels including estimates of expected application in individual months of the following calendar year;

2. availability and use of means of transport for oil and petroleum products as well as bio-fuels and raw materials for the direct production of biofuels;

3. other items, especially after the article 25 and article 36 of the IEP agreement.

(2) regulations referred to in paragraph 1 is to lay down in particular:



1. the entry of registration, 2. the circle of declarants, 3. the objects of the message, 4. the reporting dates and periods, on which have to apply the messages.

(3) to review the substitution obligations under section 11 and section 26a of the force driving Act 1967, BGBl. No. 267/1967, and the fuel regulation adopted in its execution, Federal Law Gazette II No. 418/1999 as well as to the compliance with the annual reporting obligation under the directive 2009/28/EC to promote the use of energy from renewable sources and amending and subsequent repealing of directives 2001/77/EC and 2003/30/EC , OJ P. 16, no. L 140 of the 05.06.2009 are the Federal Ministry of agriculture and forestry to leave the business-related survey data on bio-fuels and raw materials for the direct production of biofuels had to cover environmental and water management.

Statistics

Section 20 (1) of the Federal Ministry of economy, family and youth empowered to organize statistical surveys and other statistical work on the storage and distribution of petroleum and petroleum products, as well as bio-fuels and raw materials for the direct production of bio-fuels and perform. Statistical surveys on the production of coal and liquid hydrocarbons are not covered by this authorization.

(2) the arrangement of the statistical surveys shall by regulation to be made. The regulation shall in particular contain in addition to the arrangement of statistical surveys:



1. the population;

2. statistical units;

3. the type of statistical survey;

4. data collection characteristics;

5. characteristic value;

6 frequency and time intervals of data collection;

7. the determination of the category of persons, which is obliged to provide information;

8 whether and to what extent the results of statistical surveys to publish are, where the provisions of article 19 paragraph 2 of the Federal Statistics Act 2000, Federal Law Gazette I 163/1999, Nr are observed.

(3) it is permissible to the transfer of individual data to the Federal Agency "Statistics Austria" for purposes of Federal statistics.

(4) the implementation of surveys and as well as the processing of the data acquired on the basis of these surveys has to be carried out by analogy with the provisions of the Federal Statistics Act 2000.

(5) to review the substitution obligations under section 11 and section 26a of the force driving Act 1967 and the fuel regulation adopted in its execution, Federal Law Gazette II No. 418/1999, as well as to the compliance with the annual reporting obligation pursuant to Directive 2003/30/EC to promote the use of biofuels or other renewable fuels for transport, OJ No L 123 of the 17.05.2003 p. 42, as last amended by Directive 2009/28/EC, OJ P. 16, no. L 140 of the 05.06.2009 are the Federal Ministry of agriculture and forestry, environment and water management on bio-fuels and raw materials for the direct production of biofuels had to cover business-related data, which are necessary for the compilation of statistics referred to in paragraph 1, to leave.

Data transmission by electronic means

§ 21. The transmission of data to the Federal Minister of economy, family and youth on the basis of the reporting requirements laid down in sections 3, 5 and 8 and statistical surveys is allowed by electronic means, if the Federal Minister asked formats are used to provide for economy, family and youth.

Use statistical results

section 22. The results of the surveys referred to in sections 3, 5 and 8 may be used only for purposes of enforcement of this Act and for statistical surveys and statistical work according to § 20.

6 article

Control

Audit of inventory

Section 23 (1) of the Federal Ministry of economy, family and youth can the State of compulsory emergency reserve, whose nature as well as the quality and facilities of the bearings check at any time during normal business hours. At any time free access to the camps and insight in all is the control bodies to grant stock records during normal business hours. The review may include the collection of samples, which is to grant to the extent required. Deposited can be of the General State administration authorities it and consult with appropriate experts or hire. Posted representatives can participate in these checks by the European Commission.

(2) there is reasonable suspicion, that the inventories or the nature of the duty emergency reserves incorrectly disclosed, can the body require the physical recording of the stock and the acquisition and distribution of petroleum and petroleum products, as well as bio-fuels and raw materials for the direct production of bio-fuels temporarily and as long set in or from containers, in which compulsory emergency reserves are kept, with notice, as is necessary for the investigation of inventory. Deposited can he be operated of the General State administration authorities and consult appropriate experts or hire.

7 section

Penal provisions

Violation of the obligation to supply

Section 24 (1) unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence, who does not fulfil his obligation to stock according to § 4, and is up to 58 120 euro, in the case of its recovery with an imprisonment to punish up to six months and in case of negligent inspection with fine up to 29 060 euros by the district administrative authority with fine , in the case of their recovery with an imprisonment up to three months to punish.


(2) the offender through the Commission of an act in para 1 sentence threatened unlawfully enriched himself or a third party with whose knowledge, he or the third parties for the payment of an amount of money corresponding to the extent of the enrichment is to commit. An obligation of the third party to pay an amount of money corresponding to the extent of the enrichment exists even if the third party of the enrichment caused by the action needed to know.

(3) by a measure referred to in paragraph 2 may be waived, if the pecuniary benefit is negligible or if the person concerned the measure unfairly hard.

(4) is the imminent danger that by one in para 1 sentence threatened action international obligations can be injured, the authority shall, if it is appropriate to make the performance of the storage obligation according to § 4 by the ZBS and obliging the offender to compensate of the costs.

(5) the period of limitation (§ 31 para 2 of the VStG) is one year.

Criminal offences

§ 25 unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence and is by the district administrative authority fined to punish with up to 2 180 euro, who



1. its compulsory contingency reserves not again fills within that period, written by the Federal Minister of economy, family and youth with regulation according to § 5 ABS. 3 or with notice pursuant to § 5 para 4;

2. the provisions of section 7 paragraph 2 concerning the prohibition on the bind one pursuant to § 7 para 1 3 acquired obligation is contrary to Z, 3. the obligation to hold of a reference to the storage obligation according to § 7 paragraph 5 does not fulfil;

4. the activity of a storekeeper without permission exercises according to § 8, 5 as storekeeper that required receipts for does not article 8 para. 3 or does not display, 6 as bearing holder the maximum tariff exceeds for the acquisition of the storage obligation according to § 8, subsection 5, 7 which is contrary to the provisions of § 9 ZBS, 8.
              incorrect or incomplete 9 which does not comply with the requirement to present of a logon ticket in accordance with § 11; refunded the messages and information in accordance with sections 3, 5, or 8 not or not timely,

10. the provisions of section 18 on record keeping are not followed, 11 on the basis of a regulation of the Federal Minister of economy, family and youth in accordance with § 20 paragraph 2 does not comply with mandated statistical surveys or reports intentionally or grossly negligently inaccurate data;

12. the obligation to tolerate the checks referred to in article 23, is contrary to.

Wrongful disclosure of data

section 26. For the unlawful disclosure of information are the provisions of the data protection Act 2000, Federal Law Gazette I no. 165/1999, to apply. The offender is only at the request of to pursue his interest in keeping injured.

Participation of the Federal Police

§ 27. The Federal Police has to provide the competent authorities and bodies about their request to ensure the exercise of their powers under their sphere of competence help legitimate under this Federal Act.

8 section

Power plant storage

Fuel storage of power plants

Operators of power plants fired by fossil fuels supplies of fuel in a scope have section 28 (1) to ensure the electricity supply to keep that allows at any time to resume the supply of electrical energy to the extent of the bottleneck capacity for a period of 30 days, or to meet their own needs.

(2) the supplies of the fuel must comply with the following requirements:



1. the stocks must be located at the site of the power plant. The Federal Minister of economy, family and youth may allow another storage location upon request, if it is located in the vicinity of the power plant and is a transport connection to the power station, which within a day the amount of fuel to the power station can be spent, which corresponds to the daily requirement.

2. the power plant operators subject to supply must be entitled at any time without consent of a third party about the stocks.

3. the stocks may be used does not meet the storage requirements on the basis of the other provisions of this federal law, other legislation or on the basis of contracts with third parties.

4. the stocks may be required not to reasonable stocking of other establishments of power plant operator subject to supply.

5. the condition of stocks must comply with the existing legislation.

(3) the storage obligation does not exist for equity investments with a bottleneck capacity of less than 50 MW.

(4) the obligation to supply for a power plant in so far does not exist, as it



1 with gas operated, whose Lieferung fixed time is contractually assured in para 1, 2 with other gases than natural gas or waste is operated, operated 3 with brown coal from a mine in the nearby and from there is a transport connection to the power station, which within a day, the amount of coal to the power station can be spent , which corresponds to the daily requirement.

(5) to prevent directly threatened or occurred to eliminate difficulties in the power supply of the power plant operator subject to supply or his customers the Federal Minister of economy, family and youth at the request of the subject to supply power plant operator temporarily supplies of fuel, but no longer than for a period of six months, can share calculated from the decision issued. This is only so far and so long allowed the difficulties in other reasonable ways cannot be fixed.

(6) without prior approval according to paragraph 5, withdrawals from inventories are exceptionally permitted, if can be share not acquired and a fault in the power supply in other reasonable ways not avoided. The collection is the Federal Minister for economic, notified to family and youth and to seek retroactive approval.

(7) Vorratspflichtige power plant operators have the Federal Minister of economy until the end of the following month in writing, using official forms to report family and youth each for the elapsed calendar quarter:



1. for each power plant, which is under the obligation to supply, held every end of month stocks of fossil fuels, stating the place of storage and the range in days, 2. the stocks held at the end of the calendar quarter of the subject to supply power plant operator of fossil fuels, 3. the total consumption of the power plant operator subject to supply on fossil fuels and consumption of the individual plant.

(8) Vorratspflichtige power plant operators have the Federal Minister of economy to provide family and youth requested the information within a time limit set by them and to submit the documents that are required to monitor the performance of the supply obligation.

(9) an administrative offence which is punishable by up to 7 000 euro by the district administrative authority with fine, commits, who intentionally or negligently not keeps the prescribed supplies of fuel contrary to paragraph 1.

(10) an administrative offence which is punishable by up to 2 000 euro by the district administrative authority with fine, commits, who reimbursed the messages and information in accordance with paragraph 6 and paragraph 7 does not or not timely, inaccurate or incomplete.

9 section

Transitional and final provisions

Costs for regulatory pricing

section 29. According to this federal law subject to the obligation to supply goods is in the case of a regulatory pricing in accordance with the provisions of the price Law 1992, BGBl. fully into account no. 145/1992, the cost burden resulting from the obligation for the production and conservation of duty emergency reserves per tonne.

Transitional provisions

Section 30 (1) notices, which on the basis of article II § 8 section 3 of the Erdölbevorratungs - and Registration Act 1982, Federal Law Gazette No. 546/1982, last amended by Federal Law Gazette I no. 29/2010 that were issued, remain still upright. The Federal Minister of economy, family and youth has these decisions to cancel, if international obligations could be hurt by regulation.

(2) notices, which on the basis of article II, § 9 para 2 of the Erdölbevorratungs - and Registration Act 1982, Federal Law Gazette No. 546/1982, last amended by Federal Law Gazette I 29/2010 that were issued no., remain still upright. The Federal Minister of economy, family and youth shall by regulation to adapt the administrative decision fixed percentage, if international obligations could be hurt.

(3) on the basis of the Registration Act and Erdölbevorratungs - 1982, BGBl. No. 546/1982, last amended by Federal Law Gazette I no. 29/2010, regulations adopted pursuant regulatory ordinances of the Federal Ministry of economy, family and youth lifted in force as long, until by the same subject will remain.

Enforcement

§ 31. Involved with the execution of this federal law:



1 (constitutional provision) With regard to article 1, § 31 Z 1 and § 32 para 1 the Federal Government;

2. with regard to article 9, paragraph 2, and section 11 of the Federal Minister of finance in agreement with the Federal Minister of economy, family and youth;

3. with regard to section 26 of the Federal Minister for Justice;

4.

in terms of section 27 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of the Interior;

5. in terms of article 29 of the Federal Ministry of economy, family and youth in agreement with the Federal Minister of finance;

6. in the rest of the Federal Ministry of economy, family and youth.

Entry into force

Z 1 § 32 (1) (constitutional provision) § 1 and § 31 with the day following the proclamation into effect. At the same time article I, article II § 3 par. 6 to paragraph 8 and article IV contact para 1e of the Erdölbevorratungs - and Registration Act 1982, BGBl. No. 546 / 1982, last amended by Federal Law Gazette I no. 29/2010, except power

(2) this Federal Act enters into force with the exception of paragraph 1 and of article 31 No. 1 with the day following the announcement. At the same time in 1982, the Erdölbevorratungs - and Registration Act BGBl. No. 546 / 1982, last amended by Federal Law Gazette I no. 29/2010, with the exception of article I, article II § 3 par. 6 to paragraph 8 and article IV paragraph 1e, override.

Fischer

Faymann